S. 3625 (112th): A bill to change the effective date for the internet publication of certain information to prevent harm to the national security or endangering the military officers and civilian employees to whom the publication requirement applies, and for other purposes.

Begun and held at the City of Washington on Tuesday, the third
day of January, two thousand and twelve

S. 3625

IN THE SENATE OF THE UNITED
STATES

AN ACT

To change the effective date for the
internet publication of certain information to prevent harm to the national
security or endangering the military officers and civilian employees to whom
the publication requirement applies, and for other purposes.

Except with respect to financial disclosure
forms filed by officers and employees referred to in subsection (b), section
8(a)(1) and section 11(a)(1) of the STOCK Act (5 U.S.C. App. 105 note) shall
take effect on December 8, 2012.

(b)

Financial Disclosure Forms Not Subject to
New Effective Date

Financial
disclosure forms filed by the following individuals shall not be subject to the
effective date under this section:

(1)

The President.

(2)

The Vice President.

(3)

Any Member of Congress.

(4)

Any candidate for Congress.

(5)

Any officer occupying a position listed in
section 5312 or section 5313 of title 5, United States Code, having been
nominated by the President and confirmed by the Senate to that position.

2.

Study and report

(a)

In general

Not later than 30 days after the date of
enactment of this Act, the Director of the Office of Personnel Management shall
contract with the National Academy of Public Administration (referred to in
this section as the National Academy) to—

(1)

conduct a study of issues raised by website
publication of financial disclosure forms as is required under the STOCK Act
(Public Law 112–105; 126 Stat. 291); and

(2)

issue a report containing findings and
recommendations.

(b)

Scope
of Study

The study conducted
under subsection (a)(1) shall—

(1)

examine the nature, scope, and degree of
risk, including risk of harm to national security, law enforcement, or other
Federal missions and risk of endangerment, including to personal safety and
security, financial security (such as through identity theft), and privacy, of
officers and employees and their family members, that may be posed by website
and other publication of financial disclosure forms and associated personal
information;

(2)

examine any harm that may have arisen from
the current online availability of financial disclosure forms and associated
personal information of employees of the legislative branch, including any harm
to national security, law enforcement, or other Federal missions and any
endangerment that may have occurred, including to personal safety and security,
financial security (such as through identity theft), and privacy, of such
legislative branch officers and employees or their family members; and

(3)

include any other analysis that the
National Academy believes is necessary or desirable on the topic of the
study.

(c)

Report

Not later than 6 months after the date of
enactment of this Act, the National Academy shall submit to Congress and the
President a report that contains—

(1)

the findings of the study conducted under
subsection (a)(1);

(2)

recommendations for ways to avoid or
mitigate the risks identified in the study conducted under subsection (a)(1),
consistent with the goal of providing appropriate public disclosure of
potential conflicts of interest or instances of insider trading by Federal
officers or employees; and

(3)

any other recommendations that the National
Academy believes are necessary or desirable.

3.

Periodic transaction reports for
transactions of spouses and children

(a)

In general

(1)

Date reporting requirement commences in
House of Representatives and Executive Branch

Section 2 of the Act entitled An Act
to prevent harm to the national security or endangering the military officers
and civilian employees to whom internet publication of certain information
applies, and for other purposes, approved August 16, 2012 (5 U.S.C.
App. 103 note), is amended by striking September 30, 2012 and
inserting January 1, 2013.

(2)

Extension to Executive Branch

Section 2 of the Act entitled An Act
to prevent harm to the national security or endangering the military officers
and civilian employees to whom internet publication of certain information
applies, and for other purposes, approved August 16, 2012 (5 U.S.C.
App. 103 note), is amended by striking for reporting individuals
and all that follows through House of Representatives.

(3)

Technical and conforming
amendment

Section 2 of the
Act entitled An Act to prevent harm to the national security or
endangering the military officers and civilian employees to whom internet
publication of certain information applies, and for other purposes,
approved August 16, 2012 (5 U.S.C. App. 103 note), is amended by striking
such section 101 and inserting section 101 of such Act (5
U.S.C. App. 101).

(b)

Effective date; rule of
construction

(1)

Effective
date

The amendments made by
subsection (a) shall take effect on January 1, 2013.

(2)

Rule of construction

Before January 1, 2013, the amendments made
by subsection (a) shall not affect the applicability of section 2 of the Act
entitled An Act to prevent harm to the national security or endangering
the military officers and civilian employees to whom internet publication of
certain information applies, and for other purposes, approved August
16, 2012 (5 U.S.C. App. 103 note), as in effect on the day before the effective
date under paragraph (1).

(c)

Savings
clause

Nothing in the
amendments made by subsection (a) shall be construed as affecting any
requirement with respect to the House of Representatives or the executive
branch in effect before January 1, 2013, with respect to the inclusion of
transaction information for a report under section 103(l) of the Ethics in
Government Act of 1978 (5 U.S.C. App. 103(l)).

(d)

No Change to Existing Senate
Requirements

Nothing in this
section or the amendments made this section shall be construed as affecting the
requirement that took effect with respect to the Senate on July 3, 2012, which
mandates the inclusion of transaction information for spouses and dependent
children for a report under section 103(l) of the Ethics in Government Act of
1978 (5 U.S.C. App. 103(l)).